Re: DDK EULA / using sample source in commercial projects
- From: Mark Roddy <markr@xxxxxxxxxxxxxx>
- Date: Mon, 21 Nov 2005 19:52:49 -0500
On Mon, 21 Nov 2005 19:23:17 +0000, Alan Whiteley
<aj_whiteley@xxxxxxxxxxx> wrote:
>Hi--
>
>My employer has a DDK license. I'm not sure of the exact licensing
>details (e.g. which flavor if there are indeed flavors).
>
>We would like to include some code from the DDK in a utility we are
>developing. The project in the DDK is called DevCon. So: We'd like to
>include/use some source from DevCon for an installer we are writing.
>
>We don't want to actually use the DevCon utility executable. We just
>want to use some of the source code from the utility which will be
>compiled into a new utility that does other things beyond what DevCon
>does at the moment. But it is a commercial project and could be going on
>potentially tens of thousands of CDs.
>
>Can someone categorically say 'Yes, you can use code from the DevCon
>project for your own utility. Don't be stupid, that's what its there for.'
>
>Or can someone say 'No, you can't use code from DevCon in your own
>project because its not redistributable, can't you read?.'
>
>Or can someone point me in the direction of a more developer-friendly
>FAQ or some other resource that won't require a lawyer to understand
>(the EULA below is just plain confusing)?
>
>Or, if its a gray area, can someone tell me which department at
>Microsoft to contact?
>
Search this newsgroup and ntdev as we have discussed this issue in
depth at least once that I remember. EULA ought to a good enough
search term.
I am not a lawyer so my advice is stupid and ignorant, but my
understanding is that as long as you are not just reselling the ddk
source code as is you are ok. The gray area is just how much of a
modification to source samples does one have to make to render it
derived rather than copied. Use your judgment. The use you described
is exactly how thousands of developers have built and sold products,
so in my stupid ignorant non-lawyerly fashion I am categorically
saying that you can develop your own source code derived from any ddk
sample source code and it is yours to do with as you wish.
>In the EULA it says:
>"You may also reproduce and distribute the Sample Code in object code
>form along with any modifications you make to the Sample Code, provided
>you comply with the Distribution Requirements described below."
>
>There is no section in the EULA titled 'Distribution Requirements', but
>there is a section called 'Redistribution Requirements'. In the
>redistribution requirements it says (amongst other things not applicable
>to a utility):
>
>"Contact Microsoft for the applicable royalties due and other licensing
>terms for all other uses and/or distribution of the Sample Code."
>
>Further, there is text on the page describing DevCon
>(http://support.microsoft.com/default.aspx?scid=kb;EN-US;Q311272) which
>says:
>
>"DevCon is not redistributable. It is provided for use as a debugging
>and development tool. You can freely modify DevCon for *private* (my
>emphasis) use. The sample demonstrates how to use the SetupAPI and
>CfgMgr32 functions together effectively to enumerate devices and perform
>device operations."
>
>I'm not a a lawyer. And the EULA that comes with the DDK seems to be
>confusing if not inconsistent when viewed in light of other text that
>governs individual utilities included on the DDK.
>
>The EULA is below. Apolgies about the length.
>
>thanks in advance
>
>Alan
>
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>END-USER LICENSE AGREEMENT FOR THE MICROSOFT WINDOWS DRIVER DEVELOPMENT KIT
>
>IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement
>("EULA") is a legal agreement between you (either an individual or a
>single entity) and Microsoft Corporation for the Microsoft software
>product identified above, which includes computer software and may
>include associated media, printed materials, additional computer
>software applications, and "online" or electronic documentation
>("SOFTWARE PRODUCT"). By downloading, installing, copying, or otherwise
>using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
>EULA. If you do not agree to the terms of this EULA, do not install or
>use the SOFTWARE PRODUCT; you may however, return it to your place of
>purchase for a full refund.
>
>SOFTWARE PRODUCT LICENSE
>
>The SOFTWARE PRODUCT is protected by copyright laws and international
>copyright treaties, as well as other intellectual property laws and
>treaties. The SOFTWARE PRODUCT is licensed, not sold.
>
>1. GRANT OF LICENSE. This EULA grants you the following rights:
>
> a. SOFTWARE PRODUCT. You may install and use five (5) copies of the
>SOFTWARE PRODUCT on computers, including workstations, terminals or
>other digital electronic devices ("COMPUTERS") to design, develop and
>test drivers ("Drivers") for use with Microsoft Windows Me, Microsoft
>Windows 2000 Professional, Microsoft Windows 2000 Server, Microsoft
>Windows 2000 Advanced Server, Microsoft Windows 2000 Datacenter Server,
>Microsoft Windows XP, and Microsoft Windows XP Service Pack 1 operating
>system products and any Microsoft operating system product that is a
>successor to any of the foregoing (each an "OS Product").
>
> b. Sample Code. You may modify the sample source code ("Sample Code")
>to design, develop and test your Drivers for an applicable OS Product.
>You may also reproduce and distribute the Sample Code in object code
>form along with any modifications you make to the Sample Code, provided
>you comply with the Distribution Requirements described below. For
>purposes of this section, "modifications" shall mean enhancements to the
>functionality of the Sample Code.
>
> c. Redistribution Requirements. You may reproduce and distribute an
>unlimited number of copies of the Sample Code as described above in
>object code form, provided that: (i) you distribute the Sample Code only
>in conjunction with and as a part of your Drivers for the applicable OS
>Product; (ii) the Sample Code only operates in conjunction with an
>applicable OS Product identified in Section 1(a) above; (iii) you do not
>use Microsoft's name, logo, or trademarks to advertise, market or
>promote your Drivers for the applicable OS Product without the express
>written permission of Microsoft; (iv) you include a valid copyright
>notice on your Drivers for the applicable OS Product; (v) you agree to
>indemnify, hold harmless, and defend Microsoft from and against any
>claims or lawsuits, including attorney's fees, that arise or result from
>the use or distribution of your Drivers. Contact Microsoft for the
>applicable royalties due and other licensing terms for all other uses
>and/or distribution of the Sample Code.
>
>2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
>
> a. Limitations on Reverse Engineering, Decompilation, and Disassembly.
> You may not reverse engineer, decompile, or disassemble the SOFTWARE
>PRODUCT, except and only to the extent that such activity is expressly
>permitted by applicable law notwithstanding this limitation.
>
> b. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
>
> c. Support Services. Microsoft may provide you with support services
>related to the SOFTWARE PRODUCT ("Support Services"). Use of Support
>Services is governed by the Microsoft policies and programs described in
>the user manual, in "online" documentation, and/or in other
>Microsoft-provided materials. Any supplemental software code provided
>to you as part of the Support Services shall be considered part of the
>SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
>With respect to technical information you provide to Microsoft as part
>of the Support Services, Microsoft may use such information for its
>business purposes, including for product support and development.
>Microsoft will not utilize such technical information in a form that
>personally identifies you.
>
> d. Software Transfer. You may permanently transfer of all of your
>rights under this EULA, provided you retain no copies, you transfer all
>of the SOFTWARE PRODUCT (including all component parts, the media and
>printed materials, any upgrades, this EULA, and, if applicable, the
>Certificate of Authenticity), and the recipient agrees to the terms of
>this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must
>include all prior versions of the SOFTWARE PRODUCT.
>
> e. Termination. Without prejudice to any other rights, Microsoft may
>terminate this EULA if you fail to comply with the terms and conditions
>of this EULA. In such event, you must destroy all copies of the
>SOFTWARE PRODUCT and all of its component parts.
>
> f. Publicly Available Software. Your license rights to the Sample Code
>are conditioned upon you (a) not incorporating Identified Software into,
>or combining Identified Software with, the Sample Code or a derivative
>work thereof; (b) not distributing Identified Software in conjunction
>with the Sample Code or a derivative work thereof; and (c) not using
>Identified Software in the development of a derivative work of the
>Sample Code. "Identified Software" means software which is licensed
>pursuant to terms that (i) create, or purport to create, obligations for
>Microsoft with respect to the Sample Code or derivative work thereof or
>(ii) grant, or purport to grant, to any third party any rights or
>immunities under Microsoft's intellectual property or proprietary rights
>in the Sample Code or derivative work thereof. Identified Software
>includes, without limitation, "Publicly Available Software". "Publicly
>Available Software" means any software that requires as a condition of
>use, modification and/or distribution of such software that such
>software or other software incorporated into, derived from or
>distributed with such software be (a) disclosed or distributed in source
>code form; (b) be licensed for the purpose of making derivative works;
>or (c) be redistributable at no charge.
>
>3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property
>rights in and to the SOFTWARE PRODUCT (including but not limited to any
>images, photographs, animations, video, audio, music, text and "applets"
>incorporated into the SOFTWARE PRODUCT), and any copies you are
>permitted to make herein are owned by Microsoft or its suppliers. All
>title and intellectual property rights in and to the content which may
>be accessed through use of the SOFTWARE PRODUCT is the property of the
>respective content owner and may be protected by applicable copyright or
>other intellectual property laws and treaties. This EULA grants you no
>rights to use such content. If this SOFTWARE PRODUCT contains
>documentation which is provided only in electronic form, you may print
>one copy of such electronic documentation. You may not copy the printed
>materials accompanying the SOFTWARE PRODUCT.
>
>4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT provided to
>the U.S. Government pursuant to solicitations issued on or after
>December 1, 1995 is provided with the commercial rights and restrictions
>described elsewhere herein. The SOFTWARE PRODUCT provided to the U.S.
>Government pursuant to solicitations issued prior to December 1, 1995 is
>provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14
>(JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
>
>5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of
>U.S. origin. You agree to comply with all applicable international and
>national laws that apply to the SOFTWARE PRODUCT, including the U.S.
>Export Administration Regulations, as well as end-user, end-use and
>destination restrictions issued by U.S. and other governments. For
>additional information, see <http://www.microsoft.com/exporting/>.
>
>6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
>applicable law, Microsoft and its suppliers provide to you the SOFTWARE
>PRODUCT and Support Services AS IS AND WITH ALL FAULTS; and Microsoft
>and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT
>and Support Services all warranties and conditions, whether express,
>implied or statutory, including, but not limited to, any (if any)
>warranties, duties or conditions of or related to: merchantability,
>fitness for a particular purpose, lack of viruses, accuracy or
>completeness of responses, results, workmanlike effort and lack of
>negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE,
>QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
>NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
>THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
>
>7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
>THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
>MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
>INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
>NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR
>OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF
>PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
>REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
>WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
>INABILITY TO USE THE SOFTWARE PRODUCT OR THE SUPPORT SERVICES, OR THE
>PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
>OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MICROSOFT OR
>ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>
>8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages
>that you might incur for any reason whatsoever (including, without
>limitation, all damages referenced above and all direct or general
>damages), the entire liability of Microsoft and any of its suppliers
>under any provision of this EULA and your exclusive remedy for all of
>the foregoing shall be limited to the greater of the amount actually
>paid by you for the SOFTWARE PRODUCT or U.S. $5.00. The foregoing
>limitations, exclusions and disclaimers shall apply to the maximum
>extent permitted by applicable law, even if any remedy fails its
>essential purpose.
>
>9. APPLICABLE LAW. This EULA shall be construed and controlled by the
>laws of the State of Washington, and you consent to the jurisdiction and
>venue in the federal courts sitting in King County, Washington, unless
>no federal subject matter jurisdiction exists, in which case you consent
>to the jurisdiction and venue in the Superior Court of King County,
>Washington. You waive all defenses of lack of personal jurisdiction and
>forum non conveniens. Process may be served on either party in the
>manner authorized by applicable law or court rule. If either Microsoft
>or you employ attorneys to enforce any rights arising out of or relating
>to this EULA, the prevailing party shall be entitled to recover
>reasonable attorneys' fees.
>
>10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to
>this EULA which is included with the SOFTWARE PRODUCT) is the entire
>agreement between you and Microsoft relating to the SOFTWARE PRODUCT and
>the Support Services (if any) and it supersedes all prior or
>contemporaneous oral or written communications, proposals and
>representations with respect to the SOFTWARE PRODUCT or any other
>subject matter covered by this EULA. To the extent the terms of any
>Microsoft policies or programs for Support Services conflict with the
>terms of this EULA, the terms of this EULA shall control.
>
>11. QUESTIONS? Should you have any questions concerning this EULA, or
>if you desire to contact Microsoft for any reason, please contact the
>Microsoft subsidiary serving your country, or write: Microsoft DDK
>Development/One Microsoft Way/Redmond, WA 98052-6399.
=====================
Mark Roddy DDK MVP
Windows Vista/2003/XP/2000 Consulting
Device and Filesystem Drivers
Hollis Technology Solutions 603-321-1032
www.hollistech.com
.
- References:
- DDK EULA / using sample source in commercial projects
- From: Alan Whiteley
- DDK EULA / using sample source in commercial projects
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